The Open Payments program is intended to increase transparency in the health care field by publicizing financial relationships between certain providers and the drug and device industry. On Sept. 30, the Centers for Medicare and Medicaid Services (CMS) published the first set of Open Payments data, which included payments to about 546,000 individual physicians and 1,360 teaching hospitals. The agency recently modified several Open Payments reporting requirements in a final rule published in the Federal Register on Nov. 13. Providers should be aware of the Open Payments program so that they can dispute any incorrect data and respond to potential inquiries about their financial ties to the drug and device industry.

Background on the Open Payments Program

The Open Payments program is required by Section 6002 of the Patient Protection and Affordable Care Act of 2010. Also known as the Sunshine Act, this section mandates that: (1) manufacturers of covered drugs, devices, biological and medical supplies (applicable manufacturers) report information annually about certain payments or other transfers of value to physicians and teaching hospitals during the preceding calendar year; and (2) applicable manufacturers and applicable group purchasing organizations (GPOs) report ownership or investment interests in such entities held by physicians or their immediate family members, as well as information on any payments or transfers of value provided to such physician owners or investors. The information is published at cms.gov/openpayments.

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